I am about to blow a fuse on this deal.
My father-in-law passed away in 2010. At the time, both of his parents were alive. His father had Parkinson's but was of sound mind and his mother was just starting to show some signs of memory loss and confusion, but very minor.
Last summer, the grandfather-in-law passed away. Since that time, my father-in-law's two younger brothers, the only surviving children, have not only gained access to the will, but also to prior wills that were in a safe deposit box or safe somewhere. One of the two brothers is the executor, the other has a power of attorney for his mom (what type I don't know).
Here's the problem. They have stated that after my father-in-law passed away, the will was changed such that an unusual deal which split the estate between the two of them and granted first right of purchase to my father-in-law was changed such that the estate was divided three ways, and one third was to be divided between my father-in-law's three children (my wife, brother-in-law, and sister-in-law).
Since it could be argued that my grandmother-in-law is not of sound mind, they want my grandmother-in-law to change the will back to the prior version. Further, she and my grandfather-in-law re-signed the same will one year after the change.
They are accusing my mother-in-law of influencing both of them after my father-in-law had passed and are also accusing her of lying about what transpired, claiming she was aware of the agreement in the 'original' will and other agreements related to my father-in-law taking over my grandfather-in-law's farming operation that 'justified and explained' the agreement in the 'original' will. They are threatening legal action if we don't all agree to ask the grandmother-in-law to reinstate the prior will, which they are claiming she will do if we ask her to.
My question is, do they have any case whatsoever? I don't see how undue influence comes into play... I thought it had to be in probate for such a suit to be filed? Even if my mother-in-law did influence them, the resultant benefit of any influence has come to her children and not her. The two surviving children still receive a sizable inheritance - just not as sizable as was defined in the 'original' will.
We have not reviewed any of the wills and frankly, don't want to. I'm sick of the problems they are creating and would rather see the estate given to charity than have this garbage continue.
My father-in-law passed away in 2010. At the time, both of his parents were alive. His father had Parkinson's but was of sound mind and his mother was just starting to show some signs of memory loss and confusion, but very minor.
Last summer, the grandfather-in-law passed away. Since that time, my father-in-law's two younger brothers, the only surviving children, have not only gained access to the will, but also to prior wills that were in a safe deposit box or safe somewhere. One of the two brothers is the executor, the other has a power of attorney for his mom (what type I don't know).
Here's the problem. They have stated that after my father-in-law passed away, the will was changed such that an unusual deal which split the estate between the two of them and granted first right of purchase to my father-in-law was changed such that the estate was divided three ways, and one third was to be divided between my father-in-law's three children (my wife, brother-in-law, and sister-in-law).
Since it could be argued that my grandmother-in-law is not of sound mind, they want my grandmother-in-law to change the will back to the prior version. Further, she and my grandfather-in-law re-signed the same will one year after the change.
They are accusing my mother-in-law of influencing both of them after my father-in-law had passed and are also accusing her of lying about what transpired, claiming she was aware of the agreement in the 'original' will and other agreements related to my father-in-law taking over my grandfather-in-law's farming operation that 'justified and explained' the agreement in the 'original' will. They are threatening legal action if we don't all agree to ask the grandmother-in-law to reinstate the prior will, which they are claiming she will do if we ask her to.
My question is, do they have any case whatsoever? I don't see how undue influence comes into play... I thought it had to be in probate for such a suit to be filed? Even if my mother-in-law did influence them, the resultant benefit of any influence has come to her children and not her. The two surviving children still receive a sizable inheritance - just not as sizable as was defined in the 'original' will.
We have not reviewed any of the wills and frankly, don't want to. I'm sick of the problems they are creating and would rather see the estate given to charity than have this garbage continue.
